Challenges Facing Soes and Soe Subsidiaries Toward Business Tranformation Law Enforcement and Human Rights Protection (Post Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019)

  • Binsar Jon Vic S Lecturer of Doctor Law Program, Postgraduate of Universitas Borobudur
Keywords: Business Transformation, Law Enforcement, Human Rights, SOEs and SOE Subsidiaries

Abstract

Business transformation, law enforcement and human rights protection are strategic and or universal issues that applies to countries and nations in the world including and in particular become a challenge and dilemma for SOEs and or SOE’s Subsidiaries. The research aims to know how do State-Owned Enterprises/SOE subsidiaries anticipate and business transformation the threat of corporate criminal acts related to law enforcement and human rights protection and  to know business transformation law enforcement officers and relevant institutions anticipate post Decision of the Constitutional Court Number 01/PHPU-PRES/XVII 2019 towards SOEs/SOES subsidiaries. The method used of this research is normative juridical legal research. The result shows that SOEs/SOE subsidiaries have a central role in supporting for business transformation and law enforcement and protection of human rights both internal and external matters of the corporation. Post Constitutional Court’s Decision Number 01/PHPU-PRES/XVII/2019 becomes a legal source that can inspire Law Enforcement Officials and related institutions/agencies to make appropriate adjustments to laws and regulations governing SOEs and or SOE subsidiaries.

References

(OECD), O. for E. C. and D. (2003). Privatising State-Owned Enterprises: An Overview of Policies and Practices in OECD Countries. OECD.

Arief, B. N. (1993). Paper Overview of Human Right Aspects. Uman Rights National Seminar.

Kim, C. J., Dean, D., ADBI, & Ali, Z. (2017). Efficient Management of State-Owned Enterprises: Challenges and Opportunities. ADBI Policy Brief, 4, 6.

Rahardjo, S. (1980). Law, Communivty & Development. Alumni.

Soekanto, S. (1996). Factors Affecting Law Enforcement. 1996.

Sturesson, Jan, McIntyre, S., & Jones, N. C. (2015). State-Owned Enterprises: Catalysts for Public Value Creation? PwC: Public Sector Research Centre.

Constitution of the Republic of Indonesia;

Law Number 8 of 1981 concerning Criminal Law Procedure Code;

Law Number 39 of 1999 concerning Human Rights;

Law Number 40 Known 2007 concerning Limited Liability Companies;

Law Number 19 of 2003 concerning State-Owned Enterprises;

Decision of the Constitutional Court Number 01/PHPU-PRES/XVII/2019;

Supreme Court Regulation Number 13 of 2016 concerning Procedures in Handling of Criminal Cases by Corporations;

Government Regulation Number 72 of 2016 concerning Amendment of Government Regulation Number 44 of 2005 concerning Procedures in Participation and Administration of State Capital in SOEs.

Decision Minister of Stated Owned Enterprises Number 01/MBU/2011 concerning implementation of Good Corporate Government (GCG).

Jdih.bumn.go.id, accessed (20th of December 2022)

Jdih.bumn.go.id, accessed (5th of January 2023)

Published
2023-03-09
Section
Articles
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